UNITED INDIA INSURANCE CO LTD Vs. KASHINATH BARIK

JUDGEMENT

(1.) This appeal has been filed Under Section 173 of the Motor Vehicles Act, 1988 ((hereinafter referred to as the 'Act') by the Insurance Company.

(2.) ON 10.5.1995, the injured -respondent No. 1 was going on a cycle and was hit by a Trekker bearing number OR -07 -A -3133 as a result of which the claimant sustained certain injuries including fracture and was treated in the hospital. The owner did not contest the proceeding. However, the Insurance Company filed written statement denying the allegations made in the claim application. It took the plea that the driver of the Trekker did not have driving licence authorising him to drive a passenger carrying vehicle and as such the Insurance Company was not liable to pay the amount. The Claims Tribunal found that the accident occurred due to negligent driving of the driver of the Trekker. It assessed that a sum of Rs. 15,000/ - was payable as compensation and since the vehicle had been insured, it directed the Insurance Company to pay the compensation.

(3.) IN this appeal, the main contention of the counsel for the appellant relates to question of liability of the Insurance Company to pay the amount. It has been submitted that though a specific plea had been taken, no issue had been framed by the Claims Tribunal relating to existence of valid driving licence and as such, the Insurance Company has been prejudiced.